The finding means the case will soon be subject to public hearings in which Tarzia and his accuser, Human Resources Generalist Tania Barnes, can provide evidence and testimony before the board decides whether Tarzia violated the city ethics code. It is the first time the board has found probable cause in any complaint in at least five years, and possibly since the early 1990s, sources said.

"Since I have been on the board, we have not had public hearings," Board of Ethics ChairmanDan Young said. "I have been on the board since March of 2005, and I believe it was quite a while before then."

The April 27 complaint, which came shortly after Tarzia publicly accused Barnes of improperly hiring her half-brother and other relatives, alleges that Tarzia asked Barnes, through two high-ranking city officials, to rescind a five-day unpaid suspension imposed on a city employee.

Barnes further alleges that when she refused to agree to alter the discipline, Tarzia and another elected official, city Rep. Sal Gabriele, R-16, began a "campaign of harassment" against her, which included requesting her personnel file and other personal information in an effort to intimidate and publicly embarrass her.

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According to the Aug. 26 probable cause finding, the Ethics Board investigative panel found "trustworthy" information that Tarzia recruited "two city employees that were in a position of relative authority to Ms. Barnes to influence her to approve a rescission of the suspension." His involvement "contravenes" the city ethics code, which states city officers are not to attempt to influence matters before any city agency in which the person has an interest or would gain material benefit, the decision states.

In addition, the panel found probable cause that Tarzia's request conferred "special treatment" or advantage to an individual employee as prohibited by the ethics code.

One member of the investigating panel, Sheldon Levine, however, said she did not believe there was probable cause to find Tarzia had granted specific "treatment or advantage" to any employee because he did not grant but merely requested the disciplinary change.

Though unnamed in the panel's decision, Barnes' complaint names Tony Vaccaro as the employee facing disciplinary action, further alleging that Vaccaro is a "personal friend" of Gabriele, whom she called a "political ally" of Tarzia. Vaccaro has denied any relationship with Tarzia. The complaint also names Director of Operations Ernie Orgera and Parks Superintendent Mickey Docimo as the officials Tarzia allegedly asked to speak to Barnes regarding Vaccaro's suspension.

Young cautioned that the finding does not necessarily mean the ethics board will find Tarzia violated the city ethics code. If the hearing panel does find "clear and convincing evidence" a violation occurred, the finding may be grounds for impeachment or removal from office, according to the city ethics code.

The April complaint is one of at least three ethics and labor charges filed against Tarzia in recent months. In a similar complaint in June, City Fleet Manager Michael Scacco alleged Tarzia, Gabriele and another Board of Finance member, Republican Bob Kolenberg, led a "campaign of harassment and retaliation" against him after he attempted to discipline a city equipment mechanic, James Fasoli.

In addition, Barnes later filed a separate complaint with the Commission on Human Rights and Opportunities alleging Tarzia and Gabriele "harassed," "retaliated" and "discriminated" against her because she is a Hispanic woman.

Tarzia did not respond to several calls for comment Tuesday. But Gabriele, whom Barnes did not name as a subject of her complaint, said he welcomed a public airing of the case.

"With both these complaints, we have nothing to hide," Gabriele said. "I'm glad this is going to go to a public hearing because we will be able to present our side of the story before everybody."

Gabriele, echoing comments Tarzia made shortly after the complaint's filing, said Barnes is attempting to distract from an investigation he and Tarzia led earlier this year into Barnes' alleged nepotism in the hiring of her half-brother, George Rodriguez, as a provisional traffic enforcement officer. Gabriele said Rodriguez was not qualified for the job, as backed by a union grievance over the hiring in April.

However, in response to the nepotism claim, Michael Larobina, city director of legal affairs has said Barnes does not have the authority to make hiring decisions.

According to the city ethics code, public hearings on the complaint must begin within 30 days of the probable cause finding.

Staff writer Magdalene Perez can be reached at magdalene.perez@scni.com or 203-964-2240.